These statutes prohibit the sale of horsemeat, the possession of horsemeat with the intent to sell, and the knowing transfer of horsemeat to a person who intends to sell it for human consumption. Horsemeat is defined as the flesh of an animal of the genus equus. Prima facie evidence of an offense is prescribed by these statues and includes, for example, the presence of horsemeat in a restaurant or cafe. The penalty for an offense may be a fine of up to a $1,000, confinement for not less than 30 days and not more than two years, or both a fine and confinement.

Statute Text:

§ 149.001. Definition

<clear_format> In this chapter, "horsemeat" means the flesh of an animal of the genus equus.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.

§ 149.002. Sale or Possession of Horsemeat

A person commits an offense if:

(1) the person sells, offers for sale, or exhibits for sale horsemeat as food for human consumption; or

(2) the person possesses horsemeat with the intent to sell the horsemeat as food for human consumption.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.

§ 149.003. Transfer of Horsemeat

A person commits an offense if the person:

(1) transfers horsemeat to a person who intends to sell the horsemeat, offer or exhibit it for sale, or possess it for

sale as food for human consumption; and

(2) knows or in the exercise of reasonable discretion should know that the person receiving the horsemeat intends

to sell the horsemeat, offer or exhibit it for sale, or possess it for sale as food for human consumption.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.

§ 149.004. Prima Facie Evidence of Offense

In a prosecution under this chapter, any of the following is prima facie evidence of an offense:

(1) the presence of horsemeat in a retail store in which the meat of cattle, sheep, goats, or hogs is exhibited or

kept for sale, unless the horsemeat is in a package or container of not more than five pounds and is plainly labeled

"horsemeat";

(2) the presence of horsemeat in the wholesaler's establishment, warehouse, meat locker, meat cooler, or other

place of storage or handling of the meat of cattle, sheep, goats, or hogs, unless the horsemeat is in a package or

container of not more than five pounds and is plainly labeled "horsemeat";

(3) the presence of horsemeat mixed or commingled with the meat of cattle, sheep, goats, or hogs in hamburger,

sausage, or other processed meat products;

(4) the transportation of horsemeat between the hours of 10 p.m. and 4 a.m., unless the horsemeat is in individual

packages or containers of not more than five pounds and is plainly labeled "horsemeat";

(5) the presence of horsemeat in or the delivery or attempted delivery of horsemeat to a restaurant or cafe; and

(6) the presence of horsemeat in or the delivery or attempted delivery of horsemeat to an establishment that

prepares, cans, or processes food products for human consumption from the meat of cattle, sheep, goats, or hogs.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.

§ 149.005. Penalty

(a) An offense under this chapter is punishable by:

(1) a fine of not more than $1,000;

(2) confinement in jail for not less than 30 days nor more than two years; or

(3) both the fine and confinement.

(b) A second or subsequent offense under this chapter is punishable by imprisonment in the Texas Department of Criminal Justice for not less than two years nor more than five years.